Bylaws - Bylaws - Originally Issued September 1994 - College of Occupational Therapists of Ontario
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Bylaws
Bylaws
Amended January 2021
Originally Issued September 1994Bylaws 2021
CONTENTS SUMMARY
Part 1: Definitions and Application 7
Part 2: Head Office 9
Part 3: Financial Matters 9
Part 4: Indemnity 11
Part 5: Election of Board Members 11
Part 6: Academic Appointments to the Board 16
Part 7: Officers 17
Part 8: Board 19
Part 9: Registrar and Interim Registrar 24
Part 10: Communications 25
Part 11: Meetings of the Board 25
Part 12: Professional Committee and Community Appointees 27
Part 13: Committees 30
Part 14: Provisions Applicable to All Committees 32
Part 15: Conflict of Interest 33
Part 16: Information to Be Provided by Registrants 35
Part 17: Public Register 36
Part 18 Fees 38
Part 19: Professional Liability Insurance 41
Part 20: Repealed, effective June 26, 2018 41
Part 21: Code of Ethics 41
Part 22: Affiliations 42
Part 23: Miscellaneous Provisions 42
Schedule “A”: Code of Ethics 43
College of Occupational Therapists of Ontario 2Bylaws 2021
Index
PART 1: DEFINITIONS AND APPLICATION ..........................................................................7
1.01 Definitions .................................................................................................................7
1.02 Changes of Number and Gender ...............................................................................9
1.03 Headings for Reference Only.....................................................................................9
PART 2: HEAD OFFICE ..........................................................................................................9
PART 3: FINANCIAL MATTERS .............................................................................................9
3.01 Fiscal Year ................................................................................................................9
3.02 Signing Authorities.....................................................................................................9
3.03 Banking ...................................................................................................................10
3.04 Investment Funds ....................................................................................................10
3.05 Execution of Deeds, Mortgages and Real Property Leases .....................................10
3.06 Retain Valuable Documents ....................................................................................11
PART 4: INDEMNITY ...........................................................................................................11
4.01 Indemnity .................................................................................................................11
PART 5: ELECTION OF BOARD MEMBERS ....................................................................... 11
5.01 Electoral Districts .....................................................................................................11
5.02 Year of Elections .....................................................................................................12
5.03 Eligibility for Election ................................................................................................12
5.04 Terms of Office ........................................................................................................13
5.05 Nominations ............................................................................................................13
5.06 Acclamation .............................................................................................................13
5.07 Additional Calls for Nominations ..............................................................................14
5.08 Voting Procedure .....................................................................................................14
5.09 Voting ......................................................................................................................14
5.10 Exceptional Circumstances .....................................................................................14
5.11 Administration..........................................................................................................14
5.12 Tie Vote ...................................................................................................................15
5.13 Results ....................................................................................................................15
5.14 Recounts .................................................................................................................15
5.15 Referral of Disputes to Governance Committee .......................................................16
5.16 Report and Recommendation of Governance Committee ........................................ 16
5.17 Options Available to the Board ................................................................................16
5.18 Minor Irregularities Not Fatal ...................................................................................16
PART 6: ACADEMIC APPOINTMENTS TO THE BOARD ................................................... 16
6.01 Academic Appointments ..........................................................................................16
6.02 Term of Office of Academic Appointment ................................................................17
PART 7: OFFICERS ..............................................................................................................17
7.01 Election of Officers .................................................................................................. 17
7.02 Chair .......................................................................................................................18
7.03 Vice-Chair ...............................................................................................................19
College of Occupational Therapists of Ontario 3Bylaws 2021
7.04 Appointment of Committee Chairs ...........................................................................19
PART 8: BOARD ..................................................................................................................19
8.01 Duties of Directors ...................................................................................................19
8.02 Disqualification of Directors .....................................................................................20
8.03 Vacancies on the Board ..........................................................................................22
8.04 Employment of Agents ............................................................................................22
8.05 Appoint Members to Committees.............................................................................22
8.06 Minutes ...................................................................................................................22
8.07 Accounts .................................................................................................................22
8.08 Financial Records....................................................................................................23
8.09 Auditor .....................................................................................................................23
8.10 Borrowing Funds .....................................................................................................23
8.11 Compensation ......................................................................................................... 23
8.12 Making, Amending and Revoking Bylaws .................................................................. 23
PART 9: REGISTRAR AND INTERIM REGISTRAR ............................................................. 24
9.01 Registrar..................................................................................................................24
9.02 Interim Registrar ...................................................................................................... 24
PART 10: COMMUNICATIONS ...............................................................................................25
10.01 Media Contacts .......................................................................................................25
10.02 College Communications .........................................................................................25
10.03 Consistent Messaging .............................................................................................25
PART 11: MEETINGS OF THE BOARD ..................................................................................25
11.01 Regular Meetings ....................................................................................................25
11.02 Special Meetings .....................................................................................................25
11.03 Convening of Meetings ............................................................................................25
11.04 Notice of Meeting.....................................................................................................26
11.05 Parliamentary Procedure .........................................................................................26
11.06 Chairperson .............................................................................................................26
11.07 Majority Vote............................................................................................................26
11.08 Tie Vote ...................................................................................................................26
11.09 Written Resolutions .................................................................................................26
11.10 Adjournment ............................................................................................................26
11.11 Electronic Communication .......................................................................................26
11.12 Quorum ...................................................................................................................26
PART 12: PROFESSIONAL COMMITTEE AND COMMUNITY APPOINTEES ....................... 27
12.01 Professional Committee Appointees ........................................................................27
12.02 Community Appointees ...........................................................................................27
12.03 Appointment to Committee ......................................................................................28
12.04 Terms of Office ........................................................................................................28
12.05 Disqualification of Committee Members ..................................................................29
PART 13: COMMITTEES ........................................................................................................30
13.01 Executive Committee...............................................................................................30
13.02 Registration Committee ...........................................................................................31
13.03 Inquiries, Complaints and Reports Committee .........................................................31
13.04 Discipline Committee ...............................................................................................31
College of Occupational Therapists of Ontario 4Bylaws 2021
13.05 Fitness to Practise Committee .................................................................................31
13.06 Hearings Core Group...............................................................................................31
13.07 Quality Assurance Committee .................................................................................31
13.08 Patient Relations Committee ...................................................................................32
13.09 Governance Committee ...........................................................................................32
13.10 Finance, Audit and Risk Committee ......................................................................... 32
13.11 Appointment of Committee Members ....................................................................... 32
PART 14: PROVISIONS APPLICABLE TO ALL COMMITTEES ............................................ 32
14.01 Committee Procedures ............................................................................................32
14.02 Location and Frequency of Meetings ...................................................................... 32
14.03 Manner of Meeting ................................................................................................. 32
14.04 Chair .......................................................................................................................33
14.05 Minutes....................................................................................................................33
14.06 Simple Majority ........................................................................................................33
14.07 Chair Vote ...............................................................................................................33
14.08 Tie Votes ................................................................................................................ 33
PART 15: CONFLICT OF INTEREST ......................................................................................33
15.01 Conflict of Interest - General ....................................................................................33
15.02 Conflict of Interest from an Involvement in a College Process..................................34
PART 16: INFORMATION TO BE PROVIDED BY REGISTRANTS ........................................35
16.01 Information to Be Provided by Registrants ...............................................................35
PART 17: PUBLIC REGISTER ................................................................................................36
17.01 Public Register ........................................................................................................36
17.02 Providing Information to the Public .......................................................................... 38
17.03 Fees ........................................................................................................................38
17.04 Non-Disclosure ........................................................................................................38
PART 18: FEES .......................................................................................................................38
18.01 Application Fee ........................................................................................................38
18.02 Fees Waiver ............................................................................................................39
18.03 Registration Fee ......................................................................................................39
18.04 Annual Fee ..............................................................................................................39
18.05 Late Fee ..................................................................................................................40
18.06 Fee for Returned Cheques ......................................................................................40
18.07 Fee for Replacement Documents ............................................................................ 40
18.08 Fees Set by the Registrar ........................................................................................ 40
18.09 Fees for Letters, Confirmations of Certified Documents ........................................... 40
18.10 Fees for Professional Corporations..........................................................................40
PART 19: PROFESSIONAL LIABILITY INSURANCE ............................................................41
19.01 Professional Liability Insurance ...............................................................................41
19.02 Sexual Abuse Therapy and Counselling Fund Endorsement ................................... 41
PART 20: REPEALED, EFFECTIVE JUNE 26, 2018 .............................................................. 41
20.01 Repealed .................................................................................................................41
PART 21: CODE OF ETHICS ..................................................................................................41
College of Occupational Therapists of Ontario 5Bylaws 2021
PART 22: AFFILIATIONS........................................................................................................ 42
22.01 Health Profession Regulators of Ontario ................................................................. 42
22.02 Association of Canadian Occupational Therapy Regulatory Organizations .............. 42
22.03 Other Organizations ................................................................................................42
PART 23: MISCELLANEOUS PROVISIONS...........................................................................42
23.01 Severable ................................................................................................................42
SCHEDULE “A”: CODE OF ETHICS.....................................................................................43
College of Occupational Therapists of Ontario 6Bylaws 2021
Official Bylaws of the College of Occupational Therapists
of Ontario
Revised June 27, 2018
All previous bylaws relating to the administration of the affairs of the College are hereby repealed and replaced
with this bylaw.
Part 1: Definitions and Application
1.01 Definitions
The following definitions shall apply to all parts of these bylaws unless otherwise defined or required by
the context:
Annual Fee
Means the fee payable for the annual renewal of a certificate of registration of any class.
Act
Means the Occupational Therapy Act (1991, S.O. 1991) and the regulations thereunder.
Board or Board of Directors
Means the Council of the College within the meaning of section 1(1) of the Code and section 5 of the Act.
Bylaws
Means the bylaws of the College.
Chair
Means the Chair of the Board of Directors of the College.
CLEAR
Means Council on Licensure, Enforcement and Regulation
CNAR
Means Canadian Network of Agencies for Regulation
Code
Means the Health Professions Procedural Code being Schedule 2 to the RHPA.
College
Means the College of Occupational Therapists of Ontario.
Committee
Means a committee of the College and includes statutory committees established under section 10 of the
Code, standing committees, task forces, a Panel of a Committee and any other committee established by
the Board under these bylaws.
College of Occupational Therapists of Ontario 7Bylaws 2021
Community Appointee
Means an individual appointed to serve as a member of a Committee who is neither a Director nor a
Registrant.
Director
Means an individual elected or appointed to be a member of the Board of Directors of the College.
Elected Director
Means a registrant elected to the Board in accordance with the bylaws and includes a Registrant elected
in a by-election or appointed to fill a vacancy.
Informal Disposition or Resolution
Means a negotiated or imposed conclusion to a concern about a Registrant that involves either one or both
of the following:
a. an obligation to complete measures for enhancement (e.g., an acknowledgement and undertaking,
requirement to participate in a remediation program) or
b. educational action (e.g., a caution, an admonishment, an opportunity to correct any deficiencies and
to enhance their knowledge, skills and judgment)
For greater clarity, an informal disposition or resolution does not include a simple reminder, guidance or
advice.
OSOT
Means Ontario Society of Occupational Therapists
Professional Committee Appointee
Means a Registrant of the College who is not a member of the Board, who has been appointed to a
Committee
Public Director
Means a person appointed by the Lieutenant Governor in Council as described in section 5(1)(b) of the
Act;
Register
Means the Register required to be kept pursuant to the Code.
Registrant
Means a member of the College.
Registrar
Means the person appointed by the Board as Registrar or Interim Registrar of the College.
Registration Fee
Means the fee for the issuance of a certificate of registration of any class.
RHPA
Means the Regulated Health Professions Act, 1991, S.O. 1991, c. 18.
College of Occupational Therapists of Ontario 8Bylaws 2021
Regulations
Means the regulations made under the Act.
Schedule I Banks
Under the Canadian Bank Act, Schedule I are banks that are not a subsidiary of a foreign bank, i.e.,
domestic banks, even if they have foreign shareholders. They are authorized under the Bank Act to accept
deposits, which may be eligible for deposit insurance provided by the Canadian Deposit Insurance
Corporation.
Schedule II Banks
These are foreign bank subsidiaries authorized under the Bank Act to accept deposits, which may be
eligible for deposit insurance provided by the Canada Deposit and Insurance Corporation. Foreign bank
subsidiaries are controlled by eligible foreign institutions.
Stakeholders
In these bylaws, they include members of the public, other regulated health professions and occupational
therapy regulators in other jurisdictions in Canada.
Vice-Chair
Means the Vice-Chair of the Board of Directors of the College.
1.02 Changes of Number and Gender
These bylaws are to be read with all changes of number and gender required by the context.
1.03 Headings for Reference Only
The headings in these bylaws are for ease of reference only and shall not affect in any way the meaning
or interpretation of these bylaws.
Part 2: Head Office
The head office of the College shall be located within the city in which the Provincial Legislature sits. The physical
premises occupied by the College shall be determined by the Board.
Part 3: Financial Matters
3.01 Fiscal Year
3.01.1 The fiscal year of the College shall be from June 1st to May 31st in the next calendar year.
3.02 Signing Authorities
The College shall have at least three persons authorized annually by the Board to sign contracts, documents,
cheques or any instruments in writing requiring the signature of authorized officers of the College. Two of
the three authorized signing authorities will be the Chair and the Registrar.
College of Occupational Therapists of Ontario 9Bylaws 2021
3.03 Banking
3.03.1 All money belonging to the College shall be deposited in the name of the College with one or
more banks (which shall be a Schedule 1 or Schedule 2 bank under the Bank Act).
3.03.2 The Registrar may endorse any cheque or other negotiable instrument for collection on the
College’s account through the bank or for deposit to the credit of the College with the bank, in
accordance with any applicable policy of the College.
3.04 Investment Funds
All monies belonging to the College may only be deposited or invested according to Registrar Limitations
Investments policy, and in one or more of the following:
3.04.1 A bank or trust company or brokerage house.
3.04.2 Securities of the Government of Canada, the Government of any Province of Canada, or any
municipal corporation in any Province of Canada.
3.04.3 Securities, the payment of principal and interest of which is guaranteed by the Government of
Canada, or the Government of a Province of Canada.
3.05 Execution of Deeds, Mortgages and Real Property Leases
3.05.1 Deeds, mortgages and real property leases requiring the signature of the College shall be signed
by the Chair or the Vice-Chair together with the Registrar and shall be binding upon the College
without any further authorization or formality. The Board may by resolution appoint any officer or
officers or any person or persons on behalf of the College either to sign deeds, mortgages and
real property leases.
3.05.1.1 Subject to section 3.05.1, all cheques and contracts may be signed by the Registrar
alone in compliance with policies approved by the Board from time to time.
3.05.2 Except where otherwise provided by law, the Registrar may sign summonses, notices and orders
on behalf of any committee of the College.
3.05.3 The seal of the College shall, when required, be affixed to contracts, documents, or instruments
in writing, signed as aforesaid, or by any other person or persons appointed as authorized to
sign on behalf of the Board.
The seal of the College is the seal depicted below.
College of Occupational Therapists of Ontario 10Bylaws 2021
3.05.4 The Registrar, or such other officer or officers or person or persons as may, from time to time be
authorized by resolution of the Board, are authorized to sell, assign, transfer, charge, convert, or
convey any and all shares, bonds, debentures, rights, warrants, or other securities owned by or
registered in the name of the College and to sign and execute all assignments, transfers,
conveyances, powers of attorney and other instruments that may be necessary for the foregoing
purposes in compliance with policies approved by the Board from time to time.
3.06 Retain Valuable Documents
3.06.1 The Registrar shall at all times keep and maintain for the benefit of the College copies of all
contracts, agreements, certificates, approvals and all other documents to which the College is a
party or which are otherwise pertinent to the administrative and domestic affairs of the College.
Part 4:Indemnity
4.01 Indemnity
Every Director, Committee member, officer, employee or appointee of the College, including assessors,
investigators and inspectors, and each of their heirs, executors, administrators and estate, respectively,
shall from time to time and at all times be indemnified and saved harmless out of the funds of the College
from and against:
(i) all costs, charges, expenses, awards and damages whatsoever that they sustain or incur
in any action, suit or proceeding that is brought, commenced or prosecuted against them in
respect of any act, deed, matter or thing whatsoever made, done or permitted by them in or
about the execution of the duties of their office; and
(ii) all other reasonable costs, charges, expenses, awards and damages that they sustain or
incur in or about or in relation to the affairs of the College; except such costs, charges,
expenses, awards and damages as are occasioned by their own willful neglect or default.
Where the person is a commercial service provider (e.g., a private investigator hired to
conduct an investigation), the College has discretion as to whether or not to provide
indemnity.
Part 5: Election of Board Members
5.01 Electoral Districts
5.01.1 The following electoral districts are established for the purpose of the election of members to the
Board:
a. Electoral district 1 (Central East) composed of the Municipality of Toronto, the counties of
Haliburton, Northumberland, Peterborough, Simcoe and Kawartha Lakes, and the regional
municipalities of Durham, Peel and York.
b. Electoral district 2 (Central West) composed of the counties of Brant, Dufferin and
Wellington, and the regional municipalities of Haldimand, Norfolk, Halton, Hamilton, Niagara
and Waterloo.
c. Electoral district 3 (South West) composed of the counties of Essex, Bruce, Grey, Chatham-
Kent, Lambton, Elgin, Middlesex, Oxford, Huron and Perth.
College of Occupational Therapists of Ontario 11Bylaws 2021
d. Electoral district 4 (Eastern) composed of the united counties of Prescott and Russell,
Stormont, Dundas & Glengarry, Lennox & Addington, Leeds & Grenville, the Municipality of
Ottawa, the counties of Hastings, Prince Edward, Frontenac, Renfrew and Lanark.
e. Electoral district 5 (North East) composed of the districts of Sudbury, Parry Sound,
Timiskaming, Nipissing, Algoma, Cochrane and Manitoulin and Muskoka.
f. Electoral district 6 (North West) composed of the territorial districts of Kenora, Rainy River
and Thunder Bay.
5.01.2 The electoral district in which a Registrant is eligible to vote is the district in which, on the date
of the election, the Registrant principally practises, or if the Registrant is not engaged in the
practise of occupational therapy, is the district in which, on that day, the Registrant principally
resides.
5.01.3 Subject to 5.01.2, a Registrant is entitled to vote in an election if the Registrant holds a valid
general practising or provisional practising certificate of registration.
5.01.4 The number of Registrants to be elected in an electoral district is as follows:
a. Electoral district 1 3 Registrants
b. Electoral district 2 2 Registrants
c. Electoral district 3, 4, 5 and 6 1 Registrant per district
5.02 Year of Elections
5.02.1 An election of Directors to the Board shall be held in 2023 and in every third year after that for
electoral districts 2 and 4.
5.02.2 An election of Directors to the Board and shall be held in 2021 and in every third year after that
for electoral districts 3, 5 and 6.
5.02.3 An election of Directors to the Board shall be held in 2022 and in every third year after that for
electoral district 1.
5.03 Eligibility for Election
5.03.1 A Registrant is eligible for election to the Board in an electoral district if, on the date of the
deadline for nomination:
a. the Registrant is entitled to vote in an election in accordance with Bylaw 5.01.2 and 5.01.3;
b. the Registrant is not in default of payment of any fees required under these bylaws;
c. the Registrant is not the subject of any disciplinary or incapacity proceedings by a body that
governs a profession, inside or outside Ontario;
d. the Registrant’s certificate of registration has not been revoked or suspended, inside or
outside of Ontario in the six years preceding the date of nomination as a result of a
professional misconduct, incompetence or incapacity proceeding;
e. the Registrant’s certificate of registration is not subject to any order, direction, or term,
condition, or limitation imposed by a panel of the Discipline Committee, Fitness to
Practise Committee or Quality Assurance Committee or by a similar committee of a
College of Occupational Therapists of Ontario 12Bylaws 2021
body that governs a profession, inside or outside of Ontario;
f. A period of at least six years has elapsed since the Registrant complied with all
aspects of any order imposed by a Discipline or Fitness to Practice Committee or by a
similar committee of a body that governs a profession, inside or outside of Ontario;;
g. the Registrant has not been disqualified from the Board or a Committee in
accordance with the bylaws in the six years preceding the date of nomination;
h. the Registrant is not at present nor has been at any time within the three years
preceding the date of nomination a director, owner, board member, officer, or
employee of any professional association;
i. the Registrant has not resigned from the Board in the three years preceding the date of
nomination;
j. the Registrant does not have a conflict of interest to serve as a Board Director or has
agreed to remove any such conflicts of interest before taking office.
k. a court or other lawful authority (unless it has been reversed on appeal or judicial review)
has not made a finding of guilt against the Registrant in respect of:
i. a criminal offence;
ii. any offence relating to the prescribing, compounding, dispensing, selling, or
administering of drugs; or
iii. any offence relevant to the Registrant’s suitability to practise occupational therapy;
l. the Registrant is not subject to any existing conditions or restrictions (such as bail conditions)
imposed by a court or other lawful authority that relate to or otherwise impact the Registrant’s
practice;
m. the Registrant has not initiated, joined, continued, or materially contributed to a legal
proceeding against the College or any Committee or representative of the College; and,
n. the Registrant has not been an employee or paid consultant of the College in the six years
preceding the date of nomination.
5.04 Terms of Office
5.04.1 The term of office of an Elected Director to the Board is three years, commencing with the Board
meeting where the election of officers takes place.
5.04.2 An Elected Director who has served on Board for more than nine consecutive years is not eligible
for election until at least three years have passed since the Director last served on the Board.
5.05 Nominations
5.05.1 The Registrar shall supervise the nomination of candidates including determining the eligibility
for election of a nominated candidate.
5.05.2 No later than 60 days before the date of an election, the Registrar shall notify every Registrant
who is eligible to vote, of the date, time, and place of the election and of the nomination
procedure.
5.05.3 The nomination of a candidate for election as a Director of the Board shall be in writing and shall
be submitted by the candidate to the Registrar at least 30 days before the election.
5.05.4 A candidate for election as a Director of the Board shall be nominated by at least three
Registrants who support the nomination and who are eligible to vote in the electoral district in
which the election is to be held.
College of Occupational Therapists of Ontario 13Bylaws 2021
5.05.5 A candidate may withdraw their nomination for election to the Board by notifying the Registrar
in writing at least 20 days before the election.
5.06 Acclamation
5.06.1 If the number of candidates nominated in an electoral district is less than or equal to the number
of Registrants to be elected in the electoral district, the Registrar shall declare the candidates to
be elected by acclamation.
5.07 Additional Calls for Nominations
5.07.1 If there are no candidates or an insufficient number of candidates in an electoral district who are
eligible for election, there shall be additional calls for nominations, as required, throughout the
nomination period.
5.07.2 If additional calls for nominations during the nomination period do not secure a sufficient number
of eligible candidates, the Governance Committee shall nominate one or more Registrants who
are eligible for election.
5.07.3 A person who consents to a nomination by the Governance Committee shall be deemed to be
a validly nominated candidate when the nomination is received by the Registrar.
5.08 Voting Procedure
5.08.1 Except for an election in which the Registrar has declared a candidate elected to the Board by
acclamation, the Registrar shall, at least 15 days before the date of an election, send every
Registrant entitled to vote in an electoral district in which an election is to take place:
a. a list of eligible candidates;
b. the means to cast a vote;
c. instructions for voting; and
d. biographical information about each candidate.
5.09 Voting
5.09.1 A Registrant may cast as many votes in an election of Directors of the Board as there are
Directors to be elected to the Board from the electoral district in which the Registrant is eligible to
vote.
5.09.2 A Registrant shall not cast more than one vote for any one candidate.
5.09.3 Votes must be received in the manner specified at or before the date and time specified for the
election in order to be counted.
5.10 Exceptional Circumstances
5.10.1 In exceptional circumstances, the Registrar may modify any time period respecting elections as
the Registrar considers necessary to compensate for the exceptional circumstances.
5.11 Administration
5.11.1 The Registrar shall be the Chief Returning Officer and shall supervise and administer the election
of candidates and, for the purpose of carrying out that duty the Registrar may, subject to these
bylaws:
College of Occupational Therapists of Ontario 14Bylaws 2021
a. appoint returning officers and scrutineers;
b. establish procedures and any necessary deadlines including procedures and deadlines
relating to the receiving of nominations, biographies and personal statements and for the
receiving of votes;
c. establish procedures for the tabulation of votes;
d. provide for the notification of all candidates and Registrants of the results of the election;
e. provide for the destruction of voting information following an election; and
f. do anything else that the Registrar deems necessary and appropriate to ensure that the
election is fair and effective.
5.11.2 If a returning officer or scrutineer refuses to act or to continue to act or is impaired in the opinion
of the Registrar, the Registrar shall appoint another person as a returning officer or scrutineer.
5.11.3 The returning officers and scrutineers shall honestly and accurately report the vote count in each
election, record the results of each count and thereby determine the result of each election.
5.11.4 Subject to these bylaws, all questions arising in the tabulation of votes, the recording of results
or the determination of the result shall be decided by a majority of the returning officers or
scrutineers as appropriate.
5.12 Tie Vote
5.12.1 If two or more candidates receive the same number of votes in an election, the Registrar shall
break the tie by lot.
5.13 Results
5.13.1 As soon as practicable after the votes have been tabulated, the Registrar shall:
a. advise each eligible candidate of the results of the election, the number of votes they
received and the candidate’s right to request a recount in accordance with article 5.14; and
b. advise the Registrants and the Board of the results of the election.
5.14 Recounts
5.14.1 A candidate may require a recount by giving a written request to the Registrar no more than 15
days after the date of the election and paying the fee of $300.00 to the College seven days prior
to the recount. This fee will be refunded if the recount changes the outcome of the election.
5.14.2 The Registrar shall hold the recount no more than 15 days after receiving the request and the
recount shall be conducted in as transparent a manner as the voting system reasonably permits.
5.14.3 If a candidate requests a recount, the Registrar shall preside over the recount, and shall:
a. appoint scrutineers;
b. arrange for the recount within 15 days from the receipt of the request;
c. notify all candidates in the election of the fact and date of the recount;
d. if two candidates receive an equal number of votes, the Registrar shall break the tie by lot;
and
e. declare the candidate who received the most votes to be elected to the Board for the
pertinent electoral district.
College of Occupational Therapists of Ontario 15Bylaws 2021
5.15 Referral of Disputes to Governance Committee
5.15.1 If the Governance Committee is of the opinion that there are reasonable grounds to doubt or
dispute the validity of the election of any member of the Board it shall initiate an inquiry.
5.16 Report and Recommendation of Governance Committee
5.16.1 Where the Governance Committee initiates an inquiry under article 5.15 into the validity of the
election of the Board of Director in question and, following the inquiry, shall make a report and
recommendation to the Board.
5.17 Options Available to the Board
5.17.1 The Board may, after reviewing the report and recommendation of the Governance Committee
and subject to article 5.14, do one of the following:
i. declare the election result in question to be valid; or
ii. declare the election result in question to be invalid; and either
a. declare another candidate to have been elected; or
b. direct that another election be held.
5.18 Minor Irregularities Not Fatal
5.18.1 The Board shall not declare an election result to be invalid solely on the basis of a minor
irregularity regarding the requirements of these bylaws or a procedure established by the
Registrar.
Part 6: Academic Appointments to the Board
6.01 Academic Appointments
6.01.1 One or two Academic appointee(s), at least one of whom will hold a full-time faculty appointment,
shall be appointed by the Board to sit on the Board as an academic appointment.
6.01.2 The Registrar shall consult with and obtain recommendations from the Program Directors or
Chairs of approved Ontario universities that offer occupational therapy programs, no later than
90 days before the date the appointment takes effect.
6.01.3 The Governance Committee shall receive all recommendations and make such enquiries as it
deems appropriate, before making a recommendation to the Board.
6.01.4 For the purposes of clause 5(1) (c) of the Act, a Registrant is eligible for an Academic
appointment to the Board if, on the date of the appointment:
a. the Registrant has a faculty appointment in an occupational therapy program in Ontario
approved by the College of Occupational Therapists of Ontario;
b. the Registrant is not in default of payment of any fees prescribed in these bylaws;
c. the Registrant is not the subject of any disciplinary or incapacity proceedings by a body that
governs a profession, inside or outside Ontario;
d. the Registrant’s certificate of registration has not been revoked or suspended in the six
years preceding the date of the nomination, by a body that governs a profession, inside or
outside of Ontario;
e. the Registrant’s certificate of registration is not subject to any order, direction, or term,
College of Occupational Therapists of Ontario 16Bylaws 2021
condition or limitation imposed by a panel of the Discipline Committee, Fitness to Practise
Committee or Quality Assurance Committee, or by a similar committee of a body that
governs a profession, inside or outside of Ontario;
f. A period of at least six years has elapsed since the Registrant complied with all aspects of
any order imposed by a Discipline or Fitness to Practice Committee or by a similar
committee of a body that governs a profession, inside or outside of Ontario;
g. the Registrant has not been disqualified from the Board or a Committee in accordance with
the bylaws in the six years preceding the date of appointment;
h. the Registrant is not at present nor has been at any time within the last three years a director,
owner, board member, officer, or employee of any professional association ;
i. the Registrant has not resigned from the Board in the three years preceding the date of
appointment;
j. the Registrant does not have a conflict of interest to serve as a Board Director or has agreed
to remove any such conflict of interest before taking office;
k. a court or other lawful authority (unless it has been reversed on appeal or judicial review) has
not made a finding of guilt against the Registrant in respect of:
i. a criminal offence;
ii. any offence relating to the prescribing, compounding, dispensing, selling, or
administering of drugs; or
iii. any offence relevant to the Registrant’s suitability to practise occupational therapy;
l. the Registrant is not subject to any existing conditions or restrictions (such as bail conditions)
imposed by a court or other lawful authority that relate to or otherwise impact the Registrant’s
practice;
m. the Registrant has not initiated, joined, continued, or materially contributed to a legal
proceeding against the College, or any Committee or representative of the College; and
n. the Registrant has not been an employee or paid consultant of the College in the six
years preceding the date of appointment.
6.02 Term of Office of Academic Appointment
6.02.1 The term of office for an Academic appointment shall be three years.
6.02.2 An appointee who has served on the Board for more than nine consecutive years is not eligible
for re-appointment until at least three years have passed since the Registrant has last served on
the Board.
Part 7: Officers
7.01 Election of Officers
7.01.1 The Registrar or their designate shall conduct the election of Officers at the first meeting of a new
Board.
7.01.2 The election of the Chair, Vice-Chair, and remaining Executive Committee positions shall be by
secret ballot.
7.01.3 The Registrar or their designate shall, with the concurrence of the Board, appoint three
scrutineers to count the ballots and report the results to the Board.
College of Occupational Therapists of Ontario 17Bylaws 2021
7.01.4 If there are more than two candidates in an election, successive ballots shall be conducted until
one candidate receives a majority of the votes cast. The candidate or candidates who receive
the fewest votes in a ballot shall be dropped in the next ballot.
7.01.5 In the case of a tie, one scrutineer will be directed to cast a deciding vote by lot.
7.01.6 At the conclusion of the full election of officers the newly elected Chair will preside over the
remainder of the meeting.
7.01.7 The term of office for the officers shall be one year.
7.01.8 The Chair or Vice-Chair may be removed from office by a two-thirds vote of the Board and the
Board shall elect a new Chair from its members to hold office for the remainder of the year.
7.01.9 In the event an officer resigns, dies, or otherwise ceases to act, the Board shall elect a new
officer from among its members to hold office for the remainder of the year.
7.02 Chair
7.02.1 The Chair of the College shall provide leadership for the Board to ensure that strategic plans,
objectives and policies are developed and implemented in accordance with the mandate of the
College. The Chair is the chief spokesperson for the Board.
7.02.2 The duties of the Chair include:
a. convening and chairing all meetings of the Board and the Executive Committee;
b. receiving and reviewing all matters directed to the attention of the Board;
c. receiving, reviewing and bringing to the attention of the Governance Committee
matters related to College governance;
d. conducting evaluation of each Board meeting; in conjunction with the Board, leading an
annual evaluation of the Board’s goals and activities for the purpose of future planning;
e. facilitating communication of issues and concerns raised by Committee Chairs
to the Governance Committee and the Board;
f. collaborating with the Registrar in:
i. identification of issues for the Board’s consideration;
ii. development of objectives and long-range plans for the Board;
iii. establishment of priorities for deliberation by the Board;
iv. development of a suitable public relations strategy for the College.
g. representing the College at official liaison functions as required;
h. contributing to College publications and annual report;
i. annual review of the credit card expenses of the Registrar;
j. conducting an annual performance appraisal of the Registrar, following discussion with the
Executive Committee; and
k. representing the Executive Committee in negotiation of the Registrar’s contract.
College of Occupational Therapists of Ontario 18Bylaws 2021
7.03 Vice-Chair
7.03.1 The primary function of the Vice-Chair is to collaborate with the Chair on the activities of the
Board and College. The Vice-Chair assumes the responsibilities of the Chair in their absence.
7.03.2 The duties of the Vice-Chair include:
a. chairing the Board and the Executive Committee in the absence of the Chair.
b. receiving, reviewing and bringing to the attention of the Governance Committee
matters related to College governance;
c. identifying issues of particular concern to the Board members and bringing them to the
attention of the Chair;
d. coordination and monitoring of Board evaluation; and
e. representing the College at official liaison functions, as required.
7.04 Appointment of Committee Chairs
7.04.1 The Governance Committee shall annually, at their first meeting after the election of officers
appoint the statutory committee Chairs for the other committees.
7.04.2 The terms of office for the statutory committee Chairs is one year.
7.04.3 In the event a statutory committee Chair resigns, dies or otherwise ceases to act, the Board shall
appoint a new statutory committee Chair to hold office for the remainder of the term.
Part 8: Board
8.01 Duties of Directors
8.01.1 The primary function of Directors is to make decisions in the public interest, balancing this
responsibility with an understanding of the occupational therapy profession and the
environments in which it is practised. Directors establish the goals and policies of the College
in accordance with the relevant legislation.
8.01.2 The duties of Directors include:
a. serving on the Board and at least one statutory committee to which they are appointed;
b. serving on additional committees, task forces, standing committees or advisory groups from
time to time;
c. reviewing all material sent in advance for the Board and committee meetings;
d. developing and maintaining a knowledge of Board functions and issues facing the Board;
e. contributing constructively to Board and committee discussions, and understanding and
respecting the rules of order as prescribed by the Board;
f. identifying relevant expertise or contacts as resources;
g. acquiring a working knowledge of policies and procedures relating to their specific statutory
committee(s);
h. communicating with Registrants, stakeholders and other interested parties in a manner
consistent with confidentiality requirements and Board policy; and
i. identifying issues to be added to the Board or committee agenda in advance of any
meeting.
8.01.3 Directors must also:
College of Occupational Therapists of Ontario 19Bylaws 2021
a. demonstrate accountability to the public through decision-making in the public interest;
b. abide by the code of conduct;
c. identify and address conflict of interest situations as set out in the bylaws, including
understanding and identifying cases in which prior knowledge may affect the ability to
function on committee;
d. recognize and respect confidential information learned in the course of College activities;
e. understand the role of staff as resources to committees;
f. resolve any concerns with the committee Chairperson, Board Chair or Vice-Chair;
g. maintain good public relations with membership, the public, health care organizations,
educational groups, and government bodies in their regions; and
h. attend Board and committee meetings regularly.
8.02 Disqualification of Directors
8.02.1 The Board shall disqualify an Elected Director or an Academic Appointee if they:
a. resign from the Board;
b. in the case of an elected Director, cease to either practise or reside in the electoral district
for which they were elected;
c. in the case of an Academic Appointee, the Registrant’s primary employment ceases to be
with an approved Ontario university that offers an occupational therapy program.
d. are in default of any fees prescribed by these bylaws for a period of more than 30 days;
e. are found by a panel of the Discipline Committee to have committed an act of professional
misconduct or are found to be incompetent;
f. are found by a panel of the Fitness to Practise Committee to be incapacitated;
g. are found by two-thirds majority of Directors to have breached the Code of Conduct;
h. fail to attend two consecutive meetings of the Board or of a Committee, of which they
are a member, without reasonable cause in the opinion of the Board;
i. fail to attend a hearing or proceeding, or part thereof, of a panel on which they sit;
j. fail to attend, without cause, Director education hosted by the College annually;
k. are found guilty by a court or other lawful authority (unless it has been reversed on appeal or
judicial appeal) in respect of:
i. a criminal offence;
ii. any offence relating to the prescribing, compounding, dispensing, selling, or
administering of drugs; or
iii. any offence relevant to the Registrant’s suitability to practise occupational
therapy,;
l. breach section 36 of the RHPA, in a manner that in the opinion of the Board, warrants
disqualification;
m. breaches the conflict of interest provision(s) of these bylaws in a manner that in the
opinion of the Board warrants disqualification;
n. fails, in the opinion of the Board, to discharge properly or honestly any office to which
they have been elected or appointed;
o. become a director, owner, board member, officer, or employee of any professional
association;
p. become a member of a Board of any other college regulated under the RHPA.
q. ceases to hold a certificate of registration;
r. remains, thirty days after notice, in default of providing any information required by the
College; or
s. initiates, joins, materially contributes or continues a legal proceeding against the College or
any committee or representative of the College.
8.02.2 An Elected Director or Academic Appointee who is disqualified from sitting on the Board
College of Occupational Therapists of Ontario 20Bylaws 2021
ceases to be a Director.
8.02.3 If the Registrar receives information which suggests that a Director meets one or more of the
criteria for disqualification set out in section 8.02.1, other than paragraphs a, b, c, d, e, f, k o, p,
q, or s in which case the Board shall immediately disqualify the Elected Director or Academic
Appointee, the Registrar shall follow the procedure set out in section 8.02.4. Where the Registrar
has reasonable and probable grounds to believe that a Director meets the criteria for
disqualification and no one has made a complaint in writing, the Registrar shall make a complaint
in writing.
8.02.4 The following procedure shall be followed in the event that a Director is alleged to have
contravened the duties of a Director and meets the criteria for disqualification set out in section
8.02.1 other than paragraphs a, b, c, d, e, f, k, o p, q, or s..
i. A written complaint shall be filed with the Registrar. A complaint can be made by a member
of the public, a Board or Committee member or the Registrar. If a member of the Board or a
Committee receives such a complaint, they shall immediately file it with the Registrar.
i. The Registrar shall report the complaint to the Chair or the Vice-Chair who shall bring the
complaint to the Governance Committee if they believe that the complaint may warrant formal
action. If the Governance Committee is unable to address the complaint it may appoint
another Committee to fulfill its duties under this section.
ii. If the Governance Committee or any Committee appointed by the Governance Committee,
after any investigation it deems appropriate, believes that the complaint may warrant formal
action, it shall call a meeting of the Board. The Board shall determine whether there has been
a breach of duties or whether the criteria for disqualification have been met and, if so, impose
the appropriate sanction. The appropriate sanction can include one or more of the following:
a. censure of the Director orally or in writing,
b. removal of the Director from any Committee on which they serve, or
c. disqualification of an Elected Director or Academic Appointee from the Board, or a
report to the Public Appointments Secretariat requesting removal of the Public
Director concerned from the Board.
iv. A decision finding that there has been a breach of duties or that a Board member meets
the criteria for disqualification set out in the bylaws, and a decision to impose a particular
sanction must be approved by a two-thirds majority affirmative vote of Directors present
and voting.
v. The Director member whose conduct is the subject of concern shall not take part in the
deliberation or vote, however, they shall be given a reasonable opportunity to respond to the
complaint.
8.02.5 Temporary Suspension
(1) A Director who becomes the subject of a complaint, mandatory report, disciplinary or
incapacity proceeding, shall not serve on the Board or on any Committee until a final decision
(including any appeal) has been rendered.
(2) A Director who fails to comply with paragraphs 8.02.1 (d)(r), shall not serve on the Board or
any Committee until the failure is remedied unless the failure resulted in their disqualification.
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